Requirements
To become a Delaware notary public you must be at least eighteen years
of age and need evidence showing that you have good character and a
good reputation. You must have some basis for needing the notary
commission and be a legal resident of the state, or have an office or
are employed within the state of Delaware. There are no minimum residency
requirements though. Non-residents must submit an affidavit claiming a
Delaware address of business or employment. Any person who holds the office
of Justice of the Peace automatically becomes appointed as a notary public
as well.
The Delaware Notary Public Commission
Notaries shall be commissioned for a term of two years. The fee for a two-year
term is $50. Notaries who wishes to renew his or her commission may request a
two-year reappointment for $50 or a four-year reappointment for $75. In
addition, there is a $3 charge per term for use of the Great Seal which is
affixed to the Notary Public Commission from the Governor pursuant to Delaware
state laws. New notaries must take and subscribe the oath or affirmation.
Notaries will have a black inked rubber stamp seal and be able to take
acknowledgements for all types of documents including property deeds. The seal
must have the notary's name exactly as its written on the commission, the
expiration date of the commission, and the words "notary public" and "State of
Delaware". The commission shall have the impression of the Great Seal of the
State, or a facsimile of the Great Seal will be engraved or printed thereon.
Other laws
By law, the government of Delaware must appoint one notary public for each bank,
trust company, banking association, or branch thereof. The governor may also
appoint a resident or non-resident court reporter as a notary public. The
Governor may, with the request of the department commander of the Spanish-American
War Veterans, or the Veterans of Foreign Wars of the United States, of the
Disabled American Veterans, or the Jewish War Veterans, or the American Legion,
or the Paralyzed Veterans of America, and or the Vietnam Veterans of America,
appoint one notary public for each organization ( upon request ) for a term of
four years, with no charge to any appointee, commander or organization. The Governor
may, upon request of any administrative head of any volunteer fire company or
volunteer ambulance and rescue company, appoint 1 notary public for each requesting
organization for a term of four years, without charge to any appointee, chief or
organization. Any notary who is so appointed, shall have no authority to perform
any duties with respect to such office or to take affidavits or acknowledgements,
except on documents and papers related to and for the benefit of any members of
the organizations listed herein to include their families or dependents. The
notaries, so appointed, shall make no charge for any services rendered.
Notaries in Delaware must not charge a fee for acknowledgments or oaths to Veterans,
individuals enrolled in the armed services, or widows or children of a soldier or
soldier's parents or any other relative of any person in the armed services.
Notary acts
A notarial act in the state of Delaware includes: Acknowledgments, oaths and
affirmations, taking a verification upon oath or affirmation, witnessing or
attesting to a signature, certifying or attesting a copy, noting a protest
of a negotiable instrument.